Short Answer

Question 1

Define wound, disfigures, maims and GBH

Answer 1

Maims - Will involve mutilating, crippling or disabling part of the body so victim is deprived of the use of a limb or one of the senses. Needs to be some degree of permanence
Disfigures - To disfigure means to deform or deface, to mar or alter the figure or appearance of a person.
Grievously Bodily Harm - GBH can be defined as harm that is really serious
R v Waters (Wound) - A breaking in the skin with a flow of blood, more often than not will be external, may be internal

Question 2

Define R v Taisalika and what it’s referred to?

Answer 2

In R V Taisalika the defendant crashed a party and in an unprovoked attack struck another party-goer on the side of the head with a glass. The glass shattered, causing a serious gash to the victim’s temple and multiple cuts to his face. Taisalika argued that he had been so intoxicated he could not remember the incident, therefore he could not have had the necessary intent. The courts found that the nature of the blow and the gash which it produced on the complainant’s head would point strongly to the presence of the necessary intent

Question 3

What is the first sentence of the doctrine of transferred malice?

Answer 3

It is not necessary that the person suffering the harm was the intended victim. They are still criminally responsible despite the wrong target being struck. (R v Hunt) where the defendant HUNT intended to stab the property owner of the stables, but accidentally wounded the man’s servant instead unintentionally inflicting a superficial wound. .

Question 4

What are the 3 factors that increase the charge from a robbery to and aggravated robbery?

Answer 4

1. Robs any person ant at the time of, or immediately before, or immediately after the robbery causes GBH to any person (OR)
2. Being together with any other person, robs any person (OR)
3. Being armed with any offensive weapon, instrument or anything appearing to be such a weapon or instrument, robs any person.

Question 5

What is an Injurious substance or device and give an example

Answer 5

Injurious substance or device - The term “injurious substance or device” covers a range of things capable of causing harm to a person; for example a letter containing Anthrax powder that is mailed to a political target

Question 6

What are the 3 intents of Kidnapping

Answer 6

With Intent to:

a) To hold him or her for ransom or to service
b) To cause him or her to be imprisoned or confined
c) To cause him or her to be sent or taken out of NZ.

Question 7

What are the Element of Robbery

Answer 7

Robbery - Section 234 (1) CA61 (10 Years)
Theft
Accompanied by violence OR threats of violence
To any person or propert
Used to extort the property stolen OR Prevent or overcome resistance to it being stolen.

Question 8

Define R v Lapier

Answer 8

Robbery is complete the instant the property is taken, even if possession by the thief is only momentary. Theft is complete when the actions are dishonest and without claim of right to the property being stolen or without reasonable belief that the property was theirs to take. Also with the intention to deprive the owner permanently of the property involved.

Question 9

Difference between 188(1) and 188(2)

Answer 9

Under section 188, subsections (1) and (2) both relate to actions that result in wounding, maiming, disfiguring or grievous bodily harm to the victim. So the outcome is the same; the distinction between the two subsections is the offender’s intent.

Question 10

Question about four types of belief for claim of right

Answer 10

1) the belief must be a belief in the proprietary or possessory right in property
2) the belief must be about right to the property in relation to which the offence is alleged to have been committed
3) the belief must be held at the time of the conduct that alleged to constitute the offence
4) the belief must be actually held by the defendant

Question 11

Under section 198(1) discharging a firearm with intent to go GBH - what are the three offences it sets out?

Answer 11

A) discharges any firearm, airgun or other similar weapon at any person

B) sends or delivers or puts in place any explosive or injurious substance or device

C) set fire to any property

Question 12

R v Waters

Answer 12

A wound is a breaking in the skin with the flow of blood, more often than not external, may be internal.

Question 13

Two fold test - the two intents for violence under R v Tihi agg wounding

Answer 13

1) the defendant intended to facilitate the commission of an imprisonable offence ( or other intents specified in a b or c)
2) they intended to cause the specified harm or was reckless as to that risk

Question 14

Consent

Answer 14

Consent is a persons conscious and voluntary agreement to something desired or proposed by another

Question 15

To obtain consent by fraud means….

Answer 15

Consent obtained by the misrepresentation of the facts or the offenders intentions

Question 16

Consent by duress

Answer 16

Actual or implied threat of force to the victim or another. Can include other forms of pressure or coercion

Question 17

Re Section 210 - consent is not a defence because …

Answer 17

It is immaterial whether the young person consents, or is taken or goes or is received at his or her own suggestion. A Person under 16 years cannot consent to be taken away or detained.

Question 18

Good Faith defence for S209/210

Answer 18

A person who claims in good faith a right to the possession of a young person under the age of 16 cannot be convicted of an offence against s209 or s210 because he or she gets possession of the young person

Does not apply to s208

Question 19

What is the defence to blackmail?

Answer 19

A belief by the person making the threat that they are entitled to the benefit or to cause the loss is not in itself a defence to a charge under section 237(1) unless the threat is in the circumstances, a reasonable and proper means of effecting his or her purpose

Question 20

What is the difference between Migrant Smuggling and People Trafficking?

Answer 20

Migrant smuggling involves a person who has freely consented to being brought into NZ as an illegal immigrant

People trafficking involves a person who is brought into Nz by coercion or deception

Question 21

What is the 3 stage investigative approach for People Trafficking and Migrant smuggling

Answer 21

1) Reactive investigation - victim led
2) proactive investigation- police led
3) disruptive investigation - when the level of risk to the victim demands an immediate response

Question 22

What must be proved in blackmail?

Answer 22

The identity of the suspect and that they threatened, expressively or by implications to

• make a accusation against a person whether dead or alive
• disclose something about a person whether dead or alive
• cause really serious damage to property or
• endanger the safety of any person
• with intent to cause the person whom the threat has been made to, to act in accordance with the will of the person making the threat and
• to obtain any benefit or cause loss to any other person

Question 23

When investigating a serious assault name 8 intentions of circumstantial evidence you can use to prove it?

Answer 23

Prior threats
Evidence of premeditation 
The use of the weapon
The number of blows
The degree of forced used 
The body parts targeted 
The degree of resistance or helplessness of the victim 
Whether any weapon used was opportunistic or purposely brought

Question 24

For a conviction under s210(1) the crown must prove

Answer 24

The defendant took, enticed or detained a person under 16 years

The taking, enticement or detention was deliberate or intentional, from a person who had lawful care of the YP and unlawful

The defendant knew the other person had lawful care of the YP

It was done to deprive the parent or guardian of possession of the YP

Question 25

What must the prosecution prove against someone who abducts a YP under S210(2)

Answer 25

That the accused received the YP deliberately or intentionally and they knew the YP be had been unlawfully taken, enticed away or detained from a person who had lawful possession and the intention of receiving the YP was to deprive the person with lawful care of possession of the YP

Question 26

How is dishonesty inferred

Answer 26

It is a state of mind, and the fact that the defendant acted without the required belief and therefore dishonestly, may be inferred from the circumstances

Question 27

What is the meaning of has firearm with him

Answer 27

R v Cox - possession
R v Kelt - having with him a firearm requires a very close physical link and a degree of immediate control over the weapon by the person alleged to have the firearm with them

Question 28

Define GBH delayed

Answer 28

All that is required for the actual read is an act causing GBH. The link between cause and effect is a physical one, not one of time. Usually the effect is instant but not necessarily so. Consequences may be delayed e.g R v Mwai HIV contracted

Question 29

When is the offence complete under S 198 (1)

Answer 29

A) requires actual discharge of a firearm at a person
B) not necessary for an explosion to occur, the offence is complete when the person sends/ delivers to or puts in place the substance however it must be capable of exploding or causing bodily harm

Question 30

What are the elements of 198A(2) Resisting with a firearm

Answer 30

Uses any firearm in any manner whatsoever

With intent to resist lawful assist or detention of himself or herself or any other person

Fisher v R